Guardianship Q&A Series

Page 20 of 24

Guardianship Q&A Series

Can I restore my decision-making authority and protect our assets after being excluded from the proceedings?: North Carolina guardianship options if you weren’t notified

Can I restore my decision-making authority and protect our assets after being excluded from the proceedings? – North Carolina Short Answer Yes—under North Carolina law you can ask the Clerk of Superior Court to reopen or set aside a guardianship order entered without required notice, intervene in the case, and seek orders to protect marital…

Read more
Guardianship Q&A Series

What steps do we take to challenge the guardianship appointment that occurred without notice or representation?: Clear steps under North Carolina law

What steps do we take to challenge the guardianship appointment that occurred without notice or representation? – North Carolina Short Answer In North Carolina, you challenge a guardianship entered without notice or counsel by promptly filing in the existing guardianship case before the Clerk of Superior Court: (1) a motion to set aside the adjudication…

Read more
Guardianship Q&A Series

How do we secure VA aid and attendance or in-home care without losing control over their assets?: practical steps in North Carolina

How do we secure VA aid and attendance or in-home care without losing control over their assets? – North Carolina Short Answer In North Carolina, you can seek to restore or modify a guardianship so the capable spouse regains decision-making or a limited guardian is appointed. You can also ask the Clerk of Superior Court…

Read more
Guardianship Q&A Series

What is the difference between guardianship and a durable power of attorney for managing my mother’s finances?: North Carolina

What is the difference between guardianship and a durable power of attorney for managing my mother’s finances? – North Carolina Short Answer In North Carolina, a durable power of attorney (DPOA) is a private document an adult signs while they still have capacity, giving an agent authority to manage finances. Guardianship is a court process…

Read more
Guardianship Q&A Series

What steps are involved in transferring existing guardianship from the current guardian to me?: Answered for North Carolina

What steps are involved in transferring existing guardianship from the current guardian to me? – North Carolina Short Answer In North Carolina, you take over an existing guardianship by asking the Clerk of Superior Court to replace the current guardian and appoint you as the successor. This can happen by the current guardian’s resignation or…

Read more
Guardianship Q&A Series

What documents are required to file a guardianship petition?: Clear steps and forms for North Carolina

What documents are required to file a guardianship petition? – North Carolina Short Answer In North Carolina, you start an adult guardianship case by filing a verified Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC-SP-200) with the Clerk of Superior Court in the respondent’s county. The clerk issues a Notice of…

Read more
Guardianship Q&A Series

Who is eligible to serve as a guardian?: North Carolina

Who is eligible to serve as a guardian? – North Carolina Short Answer In North Carolina, any competent adult the Clerk of Superior Court finds “most suitable” may serve as guardian of the person, guardian of the estate, or general guardian. Nonresidents may serve if they appoint a North Carolina resident process agent and meet…

Read more
Guardianship Q&A Series

How do I ensure court documents are properly received and forwarded from another county?: Answered under North Carolina guardianship law

How do I ensure court documents are properly received and forwarded from another county? – North Carolina Short Answer In North Carolina guardianships, if the Clerk of Superior Court requires a resident process agent, you should designate a reliable local adult to accept service for the case and promptly forward all court papers to you.…

Read more
Guardianship Q&A Series

What responsibilities does a resident process agent have in a guardianship proceeding?: Clear duties for out-of-state guardians in North Carolina

What responsibilities does a resident process agent have in a guardianship proceeding? – North Carolina Short Answer In North Carolina, a resident process agent is a North Carolina resident appointed by a nonresident guardian to accept legal papers and official notices for the guardianship. The agent’s job is to promptly receive, date, and forward everything…

Read more
Guardianship Q&A Series

How can I challenge or terminate a financial guardianship obtained without my knowledge? – North Carolina

How can I challenge or terminate a financial guardianship obtained without my knowledge? – North Carolina Short Answer In North Carolina, you can challenge a recent financial guardianship (guardian of the estate) by appealing the orders within tight deadlines, moving to set aside the adjudication if you were not properly served, asking to modify or…

Read more
Guardianship Q&A Series

How long must I wait before the court will consider dissolving my financial guardianship?: There is no waiting period in North Carolina; you can file now

How long must I wait before the court will consider dissolving my financial guardianship? – North Carolina Short Answer Under North Carolina law, there is no minimum waiting period to ask the court to end (“dissolve”) or modify a financial guardianship. You may file a motion at any time after appointment. The Clerk of Superior…

Read more
Guardianship Q&A Series

What steps are required to reinstate a dismissed guardianship petition for my spouse?: North Carolina

What steps are required to reinstate a dismissed guardianship petition for my spouse? – North Carolina Short Answer In North Carolina, if you voluntarily dismissed your guardianship petition without prejudice, you generally cannot “reinstate” the old file—you refile a new petition and complete service and notice again. If the dismissal was with prejudice, reopening is…

Read more
Go to Top
Free Consultation

Talk with a North Carolina attorney

Tell us a bit about your situation and we'll respond within one business day.